It is often the level of commitment
to the outcome of a project that bears on its success. Contractual arrangements define
duties and obligations. It is each stakeholder's obligation and duty to perform in a
balanced and informed way and assist in the successful completion of a project or the
resolution of a dispute should it arise. Strategies for dispute prevention and an
understanding of dispute management techniques should be considered at the outset. They
will be influenced by principles of trust, openness and flexibility and clear
communication.
This session will focus on strategies for dispute prevention and
management and how they differ from the perspective of different parties to a contractual
arrangement. Industry and the business community are developing and implementing codes of
practice as a strategy for dispute prevention and management in various sectors, for
example, the banking and finance sector, and the franchise industry. Many industries would
benefit from the development of codes providing standards of conduct that require
co-operative and conscionable behaviour (reflected in the provisions of the Trade
Practices Act), thereby sharpening the focus on building better relationships and
promoting openness in business dealings. |